HomeMy WebLinkAbout1982-09-07; City Council; Minutes6 MINUTES
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MEETING OF: CITY COUNCIL - Regular Meeting
DATE OF MEETING: Septenber 7, 1 982
TIME OF MEETING: 6:OO P.M.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER
The meeting was called to order by Mayor Casler at 6:OO
P.M.
ROLL CALL was taken by the City Clerk as follows:
I Present - Casler, Lewis, Kulchin, Chick, and Anear.
Absent - None
INVOCATION was given by David Courson, National Director
of Christians in Government.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
APPROVAL OF MINUTES (Approved by one motion)
Mayor Casler abstained on the minutes of August 24, 1982.
Minutes of the Regular Meeting, held August 17, 1982 were
approved as submitted.
Minutes of the Adjourned Regular Meeting, held August
24, 1982, were approved as suhitted.
CONSENT CALENDAR
Mayor Casler announced that a request had been received to remve Item No. 15 from the Consent Calendar.
Council Member Lewis requested that Items No. 8 and 9 be remved from the Consent Calendar.
Council Member Anear requested that Item No. 7. be remved from the Consent Calendar.
Council affirmed the action of the Consent Calendar, with the exception of Items No. 7, 8, 9, and 15.
I WAIVER OF DOCUMENT TEXT READING
Council waived the reading of the text of all ordinances and resolutions at this meeting.
I (50) 1. AB #7136 - RATIFICATION OF DEMANDS AGAINST THE CITY. t Council ratified payment of demands against the City in the amount of $1,290,553.91 for the period August 16 to September 1, 1982; Payroll demands in the amount of $285,703.51 for the period August 16 to August 29, 1982; and Housing demands in the munt of $52,627.62 for the period August 16 to September 1, 1982.
~ (81) 2. AB #7137 - ACCEPTANCE OF DONATION.
Council adopted the following Resolution:
RESOLUTION NO. 6986, ACCEPTING A DONATION OF ONE
HUNDRED DOLLARS ($100).
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(81) 3. AB #7138 - ACCEPTANCE OF DONATION.
Council adopted the following Resolution: I RESOLUTION NO. 6987, ACCEPTING A IXINATION OF FIFTY
DXLARS ($50) .
$451
(70) 4. AB #6979 - Supplement #1 - AGREEME%T FOR DEVELOPMEN? MAINTENANCE AND USE OF JEFFERSON/BUENA VISTA
SCHOOL PARK SITE. I I Council adopted the following Resolution:
RESOLUTION NO. 6988, AMENDING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CARLSW UNIFIED SCHOOL
DISTRICT FOR THE DEVELOPMENT, MAIWTENANCE AND USE
OF JEFFEFSON/BUENA VISTA ELEMENTARY SCHOOLS FOR A
THE MAYOR TO EXECUTE SAID AGREEMENT.
COMMUNITY FECFXATION P~RAEI AND AUTHORIZING
(105) 5. AB #7139 - ROBEEI/Z'BERG URBAN OPEN SPACE AND
RECFSATION BLOCK GRANT.
I Council adopted the following Resolution:
RESOLUTION NO. 6989, APPFOVING THE APPLICA!TIC3I FOR
GRANT FUNDS UNDER THE FOBERI/Z' BERG URBAN OPEN-SPACE
AND RECREATION PmFWI FOR LEVANTE PARK.
( 81) 6. AB # 7 1 40 - DISPOSAI; OF SURPLUS CITY PROPERTY.
Council adopted the following Resolution:
RESOLUTION NO. 6990, DECLARING AN ITEM OF EQUIPMENT
AS OBSOLETE AND AUTHORIZING THE DISPOSAL OF SUCH
ITEM.
(83) 10. AB #6850 - Supplement #2 - NOTICE OF COMPLETION FOR 1 (451 RECOATING OF ELN RESERVOIR - CONTRACT NO. 1114.
Council accepted the recoating of Elm Reservoir as complete, and directed the City Clerk to have the Notice
of Completion recorded, and release the bonds 35
days after recordat ion.
(68) 1 1 . AB #714 1 - TRAFFIC ENGINEERING SERVICES.
(45) Council adopted the following Resolution: t RESOLUTION NO. 6993, APPKIVIG AN AGREEMENT BETWEEN
THE CITY OF cARI;sBAD AND SAN DIEGO ASSOCIATION OF
GOVERNMENTS FOR PFOVIDING TRAFFIC ENGINEERING
SERVICES.
(99) 12. AB #7125 - Supplement #1 - TENTATIVE PIP9 AND PLANNED
UNIT DEVEIDPMENT - CT 82-12/PD42 - BARNES.
Council adopted the following Resolution:
RESOLUTION NO. 6994, APPFOVING WITH CONDITIONS
TENTATIVE TRACT MAP ( CT 82-1 2) AND PLANNED UNIT
DEVELOPMENT (PD42) ON PFOPEHTY GENERALLY IlXATED
SOUTH OF LAKE CALAVERA AND APPKIXIMATELY 1.5 MILES
EAST OF EL CAMIN0 REAL.
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(51) 13. AT3 #7 142 - CONTINGENCY TRANSFER TO CIVIL DEFENSE FUND.
Council adopted the following Resolution: I RESOLUTION NO. 6995, AUTHORIZING THE TRANSFER OF
FUNDS FROM THE CONTINGENCY ACCCUNT FOR CEmAIN
PURPOSES.
I ( 74) 14. AI3 #7 143 - REQUEST FOR AUTHORITY TO DESWY FILES. I Council adopted the following Resolution:
RESOLUTION NO. 6996, AUTHORIZING THE DESTRUCTION OF
FILES.
(97) 16, AB #7039 - Supplement #2 - NOTICE OF COMPLETION FOR
(45) ASPJ3ALT OVERLAY - CONTRACT NO. 11 18.
Council accepted the asphalt overlay at various streets as complete, and directed the City Clerk to have the
Notice of Completion recorded, and release the bonds 35
days after recordation.
(50) 17. AB #7145 - REQUEST FOR REFUND - TIBERIO - PEACOCX.
Council authorized the refund of $3,000 in sewer connection fee overpayment.
(50) 18. AB #7146 - REQUEST FOR ReE'UND - BETTY ZUELCH.
Council authorized payment of the requested refund of
$690 for payment of sewer lateral installation.
(101) 19. AB #5397 - Supplement #4 - RATE INCREASE FOR YE=
CAE3 COMPANY OF SAN DIEGO, INC.
Council adopted the following Resolution:
RESOLUTION NO. 6998, AMENDIKG RESOLUTION NO. 5376 Rs
AMENDED By RESOLUTIONS NO. 5408 AND NO. 6236, ISSUING
A CEKIXFICATE OF CONVENIENCE AND FJECESSITY TO YELLQW
CAB COMPANY OF SAN DIEGO, INC., To REVISE THE
SCHEDULE OF FARES.
(81) 20. AB #77147 - OFFERS OF DEDICATION FOR POF?TIONS OF
GRAND AVENUE.
Council adopted the following Resolutions: + I RESOLUTION NO. 6999, ACCEPTING GRANT DEEDS.
RESOLUTION NO, 7000, ReJECTING AN OFFER OF
DEDICATIOfJ OF AN EASEMENT FOR FOX3 PUmSES.
(81) 21. AB #7148 - OFFER OF DEDICATION - SEA HORSE
INVESTMENTS.
Council adopted the following Resolution:
RE~LUTION NO. 7001, ACCEPTING A GRANT DEED.
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September 7, 1982 Page 4 1 (37) 22. AB #7003 - Supplement #4 - PURCHASE OF SOUND SYSTEM
FOR COUNCIL CHAMBERS.
Council adopted the following Resolution:
RESOLUTION NO. 7002, ACCEKITNG A PRXOSAL AND
AUTHORIZING THE PURCHASE AND INSTAL,LPTION OF A SOUND
SYSTEM FOR THE COUNCIL CHAMBERS.
I ITEMS REMOVED FFOM CONSENT CALENDm: I (91) 7. AB #6079 - Supplement #6 - WUEST TO RAISE SCHOOL
FEES IN THE SAN DIEGUITO SCHOOL DISTRICT. I I (91) 8 AB #6079 - Supplement #7 - REQUEST TO RAISE SCHOOL
PEES IN THE SAN MCOS SCHOOL DISTRICT AREA, I
(93) 9 e AB #6937 - Supplement #2 - NOTICE OF CDPLETION FOR 1 (45) SUNNYHILL STORM DRAIN - CONTRACT NO. 1116.
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Council Member Anear commented on the large differences in
the fees being charged by the San Dieguito School District and the San Marcos School District. He expressed the
opinion that the fees being charged by the various school
districts should be conparable, and should not reflect
such large differences. He also questioned the findinq
that the State's year-round school is not feasible, and
expressed the opinion that year-round school is feasible.
Council Merbr Lewis also expressed concern about the
large difference in the fees. He suggested that when the
City is reviewing the public facilities with the school
districts, it may be possible to consider the school fee matter. He mmnted on the desireability of having one
fee which would be charged by all districts,
Council Member Lewis indicated he had erroneously remved
Item No. 9 from the Consent Calendar.
Coyncil approved the following three items (Approved by one motion) :
RESOLUTION NO. 6991, AMENDING RESOLUTION NO. 5998
WISING TdE AMOUNT OF FEES TO BE REQUIRED AS A
CONDITION OF APPRIVAL FOR RESIDENTIAL DEVELOPMENT
WITHIN CEHTAIN AREAS OF THE SAN DIEGUITO UNION HIGH
SCHOOL DISTRICT,
RESOLUTION NO. 6992, AMENDING RESOLUTION NO. 5580
COM>ITION OF ApPFX3VAL FOR RESIDENTIAL DWPJ"
WITHIN CEWAIN AREAS OF THE SAN "?COS UNIFIED
SCHOOL DISTRICT.
Acceptance of the construction of the Sunnyhill Storm
Drain as complete, directing the City Clerk to have
the Notice of Completion recorded, and release the
bonds 35 days after recordation.
I WISING THE AMOW OF FEES TO BE REQUIRED AS A
192) 15. AB #7144 - CALAVERA HILLS WATER RECLAMATION FACILITY
:451 MASTER PLAN.
I Mayor Casler indicated that Mr. Bill Bonas had requested
the opportunity to speak on this item.
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Council recognized Mr. Bill BOnas, 241 Olive Avenue,
Carlsbad. Nr. Bonas expressed concern for water and
water reclamation, but questioned the need for a consultant, based on the information that the plant was
essentially mqleted,
In clarification, Mayor Casler stated that the plant is complete; however, the consultant would address the issue
where the reclaimed water could be used within that
service area.
Council adopted the following Resolution:
RESOLUTION BO. 6997, APPR3VING AN AGFEEMENT BETWEEN
THE CITY OF CARLSBAD AND GLENN M. NITER &
ASSOCIATES FOR CONSULTING SEWICES TO DEVELOP A
WATER RECLAMATION MASTER PLAN FOR THE LAKE CALAVERA
HILLS RECLAMATION FACILITY.
ORDINANCES FOR ADOPTION:
(30) 23. AB #7131 - REORGANIZATION OF BUILDING AND PLANNING DEPARTMENTS.
Council adopted the following Ordinance:
ORDINANCE No. 1256, AMENDING VARIOUS TITLES OF THE
CARLSBAD MJNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS To CHANGE THE TITLE OF THE PERSON
RESPONSIBLE FOR LAND USE PLANNING.
(114) 24 , AB #7126 - AMEJlDPENT OF ZONING ORDINANCE -
DEVELOPMENT AGREEMENTS - ZCA-146.
Council adopted the following Ordinance:
ORDINANCE NO. 9643, AMENDING TITLE 21 OF THE
CARLSBAD PUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.70 ?r) PROVIDE FOR CONSIDERATICW OF DEVEXOPMENT
AGREEMENTS.
I PUBLIC HEARINGS
Mayor Casler announced that Staff had requested that Item No. 27 be continued to the next regular meeting. i (57) 27. AB #7151 - GENERAI, PLAN AMENDMENT - GPA-62.
Mayor Casler recomnded, and Council unanimusly mncurred, that the public hearing for the general plan amendments be continued to the meeting of September 21, 1982, at 6:OO P.M. in the Council Chambers.
(99) 25. AB #7149 - TENTATIVE MAP AND PLANNED UNIT
DEVELOPMENT - CT 82-5/PUD-39 - FONTANA/MUDGE.
Michael Holzmiller, Land Use Planning Manager, gave a staff report on the matter, with the aid of a wall exhibit. He explained the features of the project, and responded to questions regarding circulation to and through the proposed project.
Mayor Casler declared the public hearing open at 6:31
P.M., and extended the invitation to speak.
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September 7, 1982 Page 6
Mr. Wesley Mudge, 2238 Del Mar Heights Road, Del Mar, the applicant, addressed Council. Mr. Mudge expressed
agreement with all of the staff recommendations, and urged Council approval of the project.
Dr. John Safarik, 4230 Skyline Road, Carlsbad, addressed Council. Dr. Safarik indicated he nad been out of town
had a representative attend the meeting and express his opposition. He noted that since that time he had discussed the project very thoroughly with Mr. Mudge, and
his concerns have been resolved. He expressed support of
the project.
Since no one else wished to address Council on the matter, Mayor Casler closed the public hearing at 6:35
P.M.
Council Member -Anear referenced the conditions contained in the Planning Commission Resolution, and requested that the wrds "fire retardant" be added to Condition No. 39. Council concurred with the request.
Council directed the City Attorney to prepare documents approving CT 82-5/PUD-39, per Planning Commission Resolution No. 1998; with the mdification of Condition
No. 39 as outlined by Council Member :hear.
I during Planning Commission review of this project, and he
(101) 26. AB #7150 - APPLICATION FOR CERTIFICATE OF
CONVENIENCE AND NECESSITY TO OPERATE A TAXI SERVICE
SEA BREEZE AIRPORT SERVICE. I The Finance Director, Jim Elliott, gave a staff report on the matter, as contained in the Agenda Bill.
Mayor Casler declared the public hearing open and extended the invitation to speak. Since no one wished to speak on the mtter, Mayor Casler closed the public hearing at 6:39 P.M. I Council adopted the following Resolution:
RESOLUTION NO. 7003, DETERmNING THAT THE PUBLIC
INTEREST, CONVENIENCE, AND NECESSITY REQUIRF: THE
ISSUANCE OF A CEmIFICATE To SEA BREEZE AIRPOIiT
SERVICE TO OPERATE ONE TAXICAB IN THE CITY OF
CllriLSBAD AND ORDERING THE CITY CLERK TO ISSUE SAID
CEWIFICATE SUBSECT TO CEHTAIN CONDITIONS ., 9 DEPAR'IMENTAL AND CITY MANAGER FEPOIITS
I Engineering I (70) 28. AB #7069 - Supplement W2 - ANENDMEN" TO PARK
DEDICATION ORDINANCE. I Richard Allen, City Engineer, gave a staff report on the matter explaining the history of the fee requirement, and
Council's recent amendment to same.
Council Member Anear questioned whether the existing
ordinance or proposed ordinance would allow an exemption
for conversion of mbilehome parks.
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As clarification, the City Attorney indicated that the
original ordinance was satisfactory, but the amendment, as
proposed, would give specific guidance to Staff during
implementation. He further suggested that if Council so
desired, the ordinance should also specify mbilehame park
~ conversions. 1 I Council recognized Mr. Terry L. Sheldon, 2310 Hosp Way, Carlsbad. Mr. Sheldon indicated that when the Grove
Apartments had been processed for conversion to
condominiums, additional park area had been required. He
also indicated that the apartment corrq?lex had originally
paid park fees, and requested that the ordinance not be
changed, and that additional park fees not be charged for converting the apartments to condominiums.
In clarification, the City Attorney indicated that straight apartment projects are not required to pay park fees; therefore, the Grove Apartments to date had paid no
park fees. He also indicated that payment of the fees is
a condition of the tentative map, and that condition should speak for itself and require the payment of the fees .
Council Member Chick questioned the possibility of charging a park fee for apartment projects as well.
Following brief discussion about the matter, Council
requested Staff furnish a report on methods of obtaining
park fees for apartment projects as well.
Council adopted the following Ordinance; modified to
include the mrds "or mobilehome parks" in the last
sentence on page one:
ORDINANCE NO. 9644, IIMENDING TITLE 20, CHAPTE8 20-44
SECTIONS 20.44.040 AND 20 -44.050 TO ALLQW AN
EXCEPTION FROM PARK DEDICATION REQUIREmS FOR
EXISTING RESIDENCES.
OF THE CARLSBAD MJNICIPAL CODE BY THE AMENDMENT OF
(93) 29. AB #7152 - CAFXSBAD BOULEWBD STORM DRAIN AT MAPLE -
(45) CONTRACT NO. 1129.
Richard Allen, City Engineer, gave a brief staff report on the matter, as contained in the Agenda Bill.
I Council adopted the following Resolution: t RESOLUTION NO. 7004, APP€OVING PLANS AND
SPECIFICATIONS AND AUTT-ORIZIIG THE CITY CLEFX TO
INVITE BIDS FOR RECONSTRUCTION OF CARLSBAD IBULEVARD
SrORM DRAIN AT MAPLE STFG3M: - CITY COWTRACT NO. 1129.
I Personne1
(74) 30 AB #7153 - AMENDING PUBLIC EMPLOYEES RETIREiMENT
(45) SYSTEN CONTRACT.
Frank Mannen, Acting City Manager, gave a brief staff
report on the matter, as contained in the Agenda Bill.
Council Member Chick indicated he must abstain on the
matter, since he had received no materials for review.
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Page 8 1 Council adopted the following Resolution:
RESOLUTION NO. 7005, RESOLUTION OF INIFNTION TO
APPROVE AN AMENDMENT 'l?3 CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF CARLSBAD
Council introduced the following Ordinance:
ORDINANCE NO. 1257, AUTHORIZING AN AMENDMENT To THE
CONTRACT BETWEEN CITY CCUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EEIIPLOYEES'
Rl3TIREMENT SYSTEM. I Parks and Recreation
(70) 31. AB #6931 - Supplement #1 - POOL USE AGREEMENT -
(45) NORTH COAST AQUATICS, INC.
After a brief introduction by Frank Mannen, Lynn Chase of the Parks and Recreation Department continued with the staff report. In response to Council questions, Mrs. Chase indicated the previous experience with the organization's use of the pool, reflecting that there were no conflicts regarding times for other programs or
open swim times.
She responded to questions regarding specific programs and
costs, and indicated that the agreement with the
organization had resulted in higher revenue than what
would have been received, had the individuals been charged
at the door. Ebr further information, sheets were
distributed to Council containing cost information on the
complex for the ten mnths, beginning November, 1982, and
ending August, 1 982. 1 Council adopted the following Resolution: I RESOLUTION NO. 7006, APPFOVING A USE AGFEEMENT
BETWEEN THE CITY OF CARLSW AND THE NOFC!X COAST
AQUATICS, INC., 'ID CoMlUCI' A COMPETITIVE SWIM PRXRBI
AT THE CARLSBAD COMMUNITY SWIM COMPLEX AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
32. NUMBER NOT USED.
Finance + (50) 33. AB #7154 - CONTINUING APPROPRIATIONS FROM 1981-82
INTO 1982-83.
The Finance Director gave a staff report on the matter.
Council 'adopted the following Resolution:
RESOLUTION NO. 7008, APPFOVING THE CONTINUATION OF AE'PROPRIATIONS FOR VARIOUS P17oJECTS FROM 19 81-82 TO
1982-83.
Research/Analysis
(29) 34. AB #7155 - 1983-87 CAPITAL IMPROVEMENT PROGRAM REpoliT.
After a brief introduction by Frank Mannen, James Hagaman
explained how the matter would be presented to Council.
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Tom Hageman continued with the staff report, with the aid of wall exhibits listing new projects or changes in status
of projects. He indicated all of the items contained on
the wall exhibits were items which had been suhitted by
the City Department Heads, and currently no analysis had been made of the requested projects. Bs also noted that
the mjority of the projects fell in the two year period I Of 1983-1 984.
Gary Wayne continued with the report, with the aid of wall exhibits giving the first Public Facilities Management
System report. He briefly reported on the current status
of the City’s public facilities, and projected status at the end of five years. He indicated such information should be considered when Council reviews Capital
Improvement Projects .
Council requested that the information contained on the wall exhibits be furnished to them on paper for their review and further discussion. No action was taken.
City Clerk I (6 8) 35. AB #7 1 56 - VOTING DELECA” - AWA.L LEAGUE
CONFERENCE. I
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Council appointed Mayor Casler as the voting delegate, and Council Member Chick as the alternate to the League of California Cities Annual Conference.
I OFF-AGENDA ITEMS
(70) Harding Community Center
Mayor Casler indicated that the League of Women Voters planned to sponsor a forum for Council candidates in October at the Harding Street Comnity Center. She noted that the Parks and Recreation Department, in
accordance with the approved fee policy, was attempting to charge the organization $45.00 for the use of the center. She requested that the item be added to the agenda for consideration of waiving the fee.
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1 Council unanimously agreed to add the item to the agenda for discussion and action.
Council directed that the $45.00 fee be waived for the League of Women Voters’ use of the Harding Street Community Center for the Candidate’s Forum in October. I
(70 1 Lmgard Tube
Council Member Anear gave a reprt on the status of the project, and noted that the current problem seem to be in
motivating the Army Corps of Engineers. He suggested that
the Mayor call or contact the appropriate representatives, requesting that the project not be delayed.
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September 7, 1 982 Paue 10
He reported that a tube had been installed in San Clemente, and is sinking in the sand. He also indicated that a couple of mnths ago, the City Attorney had prepared agreements which the property owners were to
sign, to insure funding for the project. He indicated
that to date, the agreements had not been signed, and
expressed the opinion that said agreements should be
signed without further delay.
COUNCIL REPorrrs
18) Housing and Mevelopnent Mvisory Committee
It was reported that at the recent meeting, the Royal
Palms had submitted a proposal for their project, which
would meet the City's 35' height limit.
19) Parks and Recreation Commission
Council Member Lewis reported on the recent meeting of the Commission.
)8) SWAG
Mayor Casler reported on the recent meeting of SANDAG.
L1) CITY ATIOF?NEY ADDITIONAL BUSINESS
The City Attorney indicated, per Council direction at their meeting of August 24, 1982, he was again placing before Council for consideration the matter of joining as Friends of the Court in a case involving the City of San Juan Capistrano and Clovis, which relates to a City's ability to deal with rent control in mobilehome parks.
Council directed the City Attorney to take the appropriate action in adding the City of Carlsbad as a Friend of the Court in the case.
CLOSED SESSION
Council adjourned to a Closed Session at 5:02 P.M., and Mayor Casler announced that personnel and litigation
would !x discussed.
Council reconvened at 8:57 P.N., and Mayor Casler
announced that personnel and litigation had been
discussed, and no action taken.
CITY COUNCIL ADDITIONAL BUSINESS I
78) Council Member Anear reported on a problem existing at the
mall. He noted that it had come to his attention that some people no longer felt comfortable shopping at the
mall, due to the number and type of people which are "hanging out" there. He indicated he had questioned the
Police Chief about the matter, and the Chief had indicated that the officer from the mall had to be pulled, due to a shortage of police officers.
Council requested information and further report on the matter.
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AwouR1\MENT
By proper motion, the meeting was adjourned at 9:05 P.M.
Respectfully Suhitted,
(j&-$L&nPfl&
ALEXHA L. RAUTENKRANZ 7
City Clerk
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